How House Democrats will tackle climate oversight

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GAVEL GAZING: Another Democratic congressman is pointing to climate change as the top item on his agenda when the House changes hands next year. New York Rep. Paul Tonko, who's expected to wield the gavel at the Energy and Commerce Committee's environment panel, tells Pro's Eric Wolff that he's looking to turn up the oversight of the Trump administration, and that his goal would be to ensure "the top priority will be a bold response to climate change," he said.

But Tonko also echoes what POLITICO has previously reported: The prospects of the party moving any climate change legislation under the Trump administration are slim. "Being realistic, it may be tough for legislation to be approved by this administration, but there are many acts to building a legislative agenda. We'll be looking into an agenda that would advance efficiency, grid modernization, and maybe rolling it into a larger infrastructure bill that addresses both improving resilience for adaptation and investing in our infrastructure with issues like [electric vehicle] charging deployment," he tells Eric. Read the full interview.

That's the latest promise from Democrats to turn the spotlight back to climate change, and comes after House Minority Leader Nancy Pelosisaid last month ahead of the midterms that she planned to resurrect a committee dedicated to addressing climate change. Bloomberg cited sources on Thursday confirming that committee would return after Republicans shut it down 11 years ago. And New Jersey Democrat Frank Pallonesaid recently he'll examine the impacts of climate change on communities and the economy if he takes the chairmanship at the Energy and Commerce Committee.

OVERNIGHT NEWS: JUDGE HALTSKEYSTONE XL OVER CLIMATE CHANGE: A federal judge ordered both the Trump administration and TransCanada to stop any work on the controversial Keystone XL pipeline on Thursday night, saying President Donald Trump's approval of the project last year violated several key environmental and administrative laws by ignoring facts about climate change.

Judge Brian Morris of the U.S. District Court for Montana ruled that the Trump administration almost completely ignored climate change in its analysis supporting the pipeline's construction, a shift that unlawfully reversed the Obama administration's 2015 decision rejecting the pipeline's cross-border permit. Alex Guillén has the details here for Pros.

THE FOX AND THE INTERIOR SECRETARY: Interior Secretary Ryan Zinke reached out to Fox News about possibly working with the channel as a contributor, sources familiar with the move told POLITICO's Ben Lefebvre and Eliana Johnson. Sources also say the secretary is seeking positions on energy company boards of directors or even with private equity firms. However, another source told POLITICO a contract with Fox is unlikely unless Trump asks Rupert Murdoch, who owns Fox's parent company News Corp., and there's no indication that Fox has so far expressed any interest in putting Zinke on the air.

WELCOME TO FRIDAY! I'm your host, Kelsey Tamborrino. Natural Gas Supply Association's Charlie Riedl was first to correctly name Sam Houston as the one prior to Mitt Romney who most recently served as senator for one state and governor of another. Houston served as a senator from Texas and governor of Tennessee. For today: Who is the former senator who has both an honorary Oscar and a star on the Hollywood Walk of Fame? Send your tips, energy gossip and comments to ktamborrino@politico.com, or follow us on Twitter @kelseytam, @Morning_Energy and @POLITICOPro.

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ON THE HILL

MUSICAL CHAIRS: The midterm elections have set off a mad scramble for new committee assignments in Congress. Several sources tell ME rumors are swirling that Sen. Maria Cantwell could vacate her ranking member slot on the Energy and Natural Resources Committee to take that role on the Commerce Committee if Sen. Bill Nelson's recount bid fails. "There's an understanding among the staff" of her interest, a former Senate aide said, noting she has fishermen, ports, telecommunications, Boeing, Amazon, tech and a whole array of other interests in her state that the Commerce committee oversees.

Cantwell leaving the Energy committee could elevate Sen. Joe Manchin to the ranking member role on the Energy committee, which would not be a welcome development to the environmental groups that poured millions into the midterms to help elect Democrats. Manchin has more consistently voted with Republicans than Democrats on an array of environmental and climate issues, including key Trump administration nominees.

Ana Unruh Cohen, who is managing director of government affairs with the Natural Resources Defense Council, said she had "heard the speculation" but added it's "a little premature" considering Nelson is still fighting for his seat. "Manchin is a senior member of Energy and Natural Resources Committee but there could be other senators who decide to move if there are other openings."

That's why some sources have suggested Sen. Debbie Stabenow may be asked to relinquish her ranking member position on the Agriculture Committee. She outranks Manchin on Energy and is more aligned with the rest of the party on those issues. Stabenow has significant parochial interest in Agriculture — her state is a big player there — but she is also close to getting a massive farm bill across the finish line and could oversee electric vehicles on Energy. "There is pressure on Stabenow to finish farm bill in the lame duck so that she could more easily make the transition to Energy," an energy industry source said.

When reached for comment, a Stabenow spokesperson said, "It's obviously too early to comment since there are Senate races still undecided, however Senator Stabenow is committed to continuing to serve as ranking member of the Senate Ag committee." The Energy and Natural Resources Committee declined comment to ME.

SCIENTIFIC METHOD: A number of Democratic candidates with scientific backgrounds were among this week's winners who will head to the House, "creating a new bloc of lawmakers who will bring their technical and analytical prowess to help conduct oversight of an administration often accused of being at war with science," Pro's Anthony Adragna reports.

Among Tuesday's winners: South Carolina's Joe Cunningham, a former ocean engineer; Elaine Luria, a nuclear engineer, from Virginia; Sean Casten, a clean energy entrepreneur, from suburban Chicago; and Chrissy Houlahan, a business executive with an engineering degree, from the Philadelphia suburbs. "Each of them will offer new and unique insights into solving the challenges our nation faces every day," said Rep. Eddie Bernice Johnson, the ranking member of the Science Committee, who added she hopes they consider joining the panel.

IN THE COURTS

KIDS' CLIMATE CASE ON HOLD: The 9th Circuit Court of Appeals halted the sweeping climate change lawsuit brought by children and young adults against the federal government on Thursday, saying a lower court must hold off for now on a trial, Alex reports. Following last week's Supreme Court lifting of a temporary stay of the trial, the three-judge panel of the 9th Circuit said Thursday the Trump administration "raises issues that warrant an answer." The Circuit Court directed lawyers representing the children to file a reply by Nov. 23.

SCOTUS MAKES QUICK WORK ON WATER QUESTION: The Supreme Court is poised to make a quick decision on whether or not to weigh in on a major fight over whether the Clean Water Act applies to pollution like coal ash that flows through groundwater before reaching rivers and streams. After briefing wrapped up Monday for the two pending certiorari petitions relating to the issue, the high court swiftly placed the petitions on the calendar for its Nov. 30 conference. With appellate courts split on the issue, which has major implications for coal-fired power plants, pipelines and a variety of other industries, many lawyers expect it could be ripe for Supreme Court review.

And another high court hopeful is waiting in the wings. A Montana man criminally convicted of violating the Clean Water Act by diverting a creek and building ponds on his land and in a neighboring national forest has appealed his case to the Supreme Court. The case, brought by the property rights group Pacific Legal Foundation on behalf of Joseph Robertson, could offer the high court a chance to tackle fundamental questions about how far the 1972 water law's protections reach — potentially years before a court battle over the Obama administration's Waters of the U.S. regulation and its potential Trump administration successor can reach it.

JURY: TVA CONTRACTOR ENDANGERED WORKERS: A jury in U.S. District Court this week ruled in favor of workers who were sickened, many fatally, while cleaning up the nation's largest coal ash spill, the Knoxville News Sentinel reports. The spill occurred in December 2008 at the Tennessee Valley Authority Kingston fossil fuel power plant, where more than 30 workers died and more than 250 were left sick or dying, the Knoxville News reports. The workers sued global contractor Jacobs Engineering, which TVA put in charge of cleaning up the mess.

Jurors ruled Jacobs failed to adhere to its contract with TVA and failed to "exercise reasonable care" in keeping workers safe, thus likely causing the poisoning by coal ash. The Knoxville News Sentinel previously reported workers at the plant were told not to wear masks, and were told by safety managers at the site to destroy the existing masks.

AROUND THE AGENCIES

POLAND-U.S. LNG DEAL SIGNED: Poland's state oil and gas company PGNiG signed a long-term contract Thursday to receive LNG deliveries from the United States. The deal comes as Trump pushes for European nations to buy LNG from the U.S. rather than increase their dependence on Russia. The signing sets into motion a 24-year deal with American supplier Cheniere.

While Energy Secretary Rick Perry was in Warsaw to attend the deal's signing, he also said the U.S. could still impose sanctions related to the building of the Russian-backed Nord Stream 2 pipeline, Reuters reports. Asked at a news conference whether companies working on the project face sanctions, Perry said: "I saw no signals where we would ever get to the point where we can support Nord Stream 2," before adding, "sanctions were an option that the president maintained." The Energy secretary today will visit the Swinoujscie LNG Import Terminal, the entry point of LNG into Poland, the department said.

AD CALLS FOR ZINKE RESIGNATION: Western Values Project will unveil today a nearly $30,000 ad campaign in Zinke's home state of Montana that calls for the secretary's resignation. The Montana-based conservation group will run full-page newspaper ads on Sunday highlighting investigations into Zinke's ethics. The ads will run across seven Montana newspapers. WVP also recently launched www.hasryanzinkebeenfiredyet.com to keep tabs on the secretary.

BEYOND THE BELTWAY

NEW YORK STARTS BID FOR OFFSHORE MEGAWATTS: New York state is officially requesting 800 megawatts of offshore wind to supply electricity within state lines, Pro New York’s Marie French reports. "NYSERDA [on Wednesday] issued the request for proposals, which had been eagerly awaited by the industry. The solicitation includes requirements for project labor agreements, or that workers be paid prevailing wage," Marie writes. New York Gov. Andrew Cuomo previously set a goal of getting 2,400 megawatts of electricity from offshore wind by 2030.

HOW DO YOU SOLVE A PROBLEM LIKE NUCLEAR RETIREMENT? The Union of Concerned Scientists is warning against the closure of nuclear plants in a new report out this week that outlines how more than one-third of the U.S. nuclear fleet is set to close. The UCS analysis says that early nuclear retirements do not pose a threat to the nation's electricity reliability and resilience, as the Trump administration has argued. Instead, the group argues the real risk is that fossil fuels could replace the nuclear plants.

"Nuclear power plants are being squeezed economically at a time when we need every source of low-carbon power we can get to replace retiring coal plants and prevent an overreliance on natural gas," Steve Clemmer, co-author and director of energy research and analysis at the science advocacy group, said in a statement. The average cost of bringing unprofitable nuclear plants to the break-even point is $814 million per year, the analysis found.

MOVERS AND SHAKERS

John McCarrick's last day at the State Department is today. McCarrick served as deputy assistant secretary at the department's Bureau of Energy Resources.

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About The Author : Kelsey Tamborrino

Kelsey Tamborrino is an energy reporter for POLITICO Pro.

Before joining POLITICO, she was a communications intern at the U.S. Energy Information Administration, an editorial intern at Knopf Doubleday Publishing Group and an online editorial intern at Men’s Health magazine.

In spring 2015, Tamborrino graduated from the Pennsylvania State University, where she studied print journalism, English and international studies. At Penn State, Tamborrino was the managing editor of Penn State’s student newspaper, The Daily Collegian, for the 2014-15 academic year. She also studied British politics and English literature in Leeds, England, where she studied abroad at the University of Leeds.